Legal Question in Construction Law in California

Re: 20 day preliminary notice

Disclaimer: The following information is general information for discussion purposes and does not constitute legal advise and expressly does not establish an attorney/client relationship.

The Miller Act covers construction contracts and claims with the Federal Government and the code that covers it is located at 40 U.S.C. Sections 3131 through 3134. The primary purpose of the Miller Act is to protect claimants who would have been entitled to a mechanic's lien under state law, if they were not working under federal public works or projects.

It deals with construction contracts exceeding $100,000.

The rules are different when working with the Federal Government. There is a different kind of notice required which has a different time frame.

Any lawsuit brought to collect must be brought in Federal Court. However, the good news is that there is a 1973 case that held that unpaid equipment rental is recoverable under the Miller Act.

The answer to your question is that a regular 20 Day Preliminary Notice usually filed in California for a private works project will not work here.

If you wish to contact me, I am always happy to discuss mechanic's liens, contract issues and collections. I am a general contractor/attorney and represent contractors from Ventura to San Luis Obispo. Good luck!